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aaa published in(发表于) 2014/12/11 9:18:22 Edit(编辑)
Giant corruption crimes Guangdong Branch not die, the accuser shouted you have today

Giant corruption crimes Guangdong Branch not die, the accuser shouted you have today

Giant corruption crimes Guangdong Branch until death of an informer not to yell you have | bribery _ today news

Corruption is about 2.800 million Yuan bribery and non-State agents taking bribes of about 100 million Yuan, set a new record of corruption of public officials in Guangzhou, is referred to as State-owned enterprises by anecdotal "billion giant corruption" Guangzhou Baiyun agriculture company General Manager Zhang Xinhua, yesterday by the Guangzhou Municipal Intermediate People's Court of first instance sentenced to death and executed immediately, and all his personal property confiscated, recovering all of its illegal proceeds of crime. The Court found that Zhang Xinhua bribery, corruption, non-State workers taking bribes, involving a total of nearly 400 million dollars. Zhang Xinhua described themselves as "sin not unto death", an appeal court.


Another closely watched corruption case original leadership xianzhangming 7 – Xian Cun village official corruption cases, yesterday at the Guangzhou Municipal Intermediate People's Court of first instance sentencing. Xianzhangming 7 per capita to States such as bribery, is sentenced to 4 years of age, respectively.


, Including the above two cases, two courts in Guangzhou yesterday concentrated sentenced a total of 43 cases of job-related crimes, 53 defendants were sentenced to penalties. The Guangzhou intermediate people's Court disclosed, strict sentencing scales are fully reflected. In addition to Zhang Xinhua was sentenced to death, but the Court's 20 most of the defendants in the case were based on 5 years of heavy, another group of people also have been sentenced. "Select sentenced these typical cases, in order to promote anti-corruption atmosphere of the whole society. Fear of corrupt officials, convincing people. "The President of the Guangzhou intermediate people's court sentences two Zheng Yunzhan said.


Embezzling State-owned assets



Fictitious debt for debt-equity swaps, 45.65 million swallows 3.300 million State-owned assets


In August of this year, Guangzhou Baiyun agriculture company (hereinafter called "white cloud") into the case of former General Manager Zhang Xinhua corruption trial, which revealed corruption in State-owned enterprises and State-owned asset misappropriation have been prosecutors as "shocking".


White company is a company owned by the company, was founded in 1979 by farm under the authority of the Baiyun mountain, Guangzhou City, farm, farms, orchards, Sha Tin, gold United formed from surrounding farms in 1984, was identified as a department-level establishments.


Cloud companies subsequently have set up or participate in the State-owned associated company of the company, owns the Baiyun fittings factory, Baiyun shuangyan industrial companies, Plum Garden Hotel, Guangzhou Baiyun agriculture production in State-owned companies, a large number of companies. In 2013, Baiyun, Guangzhou City, and its large number of subsidiaries of the company duly appropriated city investment group.


In the late 90, with a total area of about 25,000 acres of land, over more than 20 subsidiaries cloud company, once got into huge 620 million yuan in debt crises. Being white, General Manager of the company and subsidiaries head Zhang Xinhua, competent all-round work duties, the name of name of enterprise restructuring, have been put on "left hand" the misappropriation of State assets and the Grand Theater.


According to the Guangzhou intermediate people's Court trial found that between June 1998 and May 2013, Zhang Xinhua and other executives used bribes, has funded the establishment of the Kwong Tin company belonging to joint-stock private enterprise and the private nature of the fields in the rain company.


Zhang Xinhua, who at first had to "protect State-owned assets", placed employees on behalf of the Baiyun company land, factories and other assets will be handed over to Kwong Tin company managed, on behalf of the business. Later, on behalf of the company to purchase the rain broad fields for all of the shares of the company. Meanwhile, Zhang Xinhua and others using the Baiyun company escrow funds to facilitate, through nominal debts, debts, undervalued assets, active litigation and settlement way of adorning the Baiyun company land, factories and other large assets from State-owned enterprises to the private sector, so as to achieve the purpose of control, misappropriation.


According to ex-post evaluation of related bodies, white clouds above the company by trading the asset market value price for more than 330 million Yuan, and traded as low as 45.65 million dollars, a difference of more than 284.5 million Yuan. This means that State-owned assets in the Baiyun company controlled by Zhang Xinhua who prostituted themselves for private industry, these spreads over more than 284.5 million dollars, amounts identified as Zhang Xinhua and others of corruption by the Court.


Accepting a bribe



Much-sold sold sold plant and developer accepted bribes nearly billion


Guangzhou intermediate people's Court also established that in the period from June 1998 to May 2013, Zhang Xinhua served as clouds and its subsidiaries at the head of the company, in charge of the overall work, the responsible company and subsidiary company assets to facilitate, in the Baiyun company and its subsidiary companies transfer of State-owned land and cooperative development of real estate projects in the process of, for the relevant units and individuals to help, and put forward, accepting bribe.


According to statistics, Zhang Xinhua took developers Jiang Fengcan, You Dewu, He Zeming, Yang Yuehong, who bribe payments amounted to 56.8 million Yuan, to send $ 7.3 million Yuan, all to myself. This section identified as bribes by a court in part.


Hirota of the private company, Zhang Xinhua control fields in the rain when reselling these embezzled from the State-owned assets, the company, receiving more than the developer bribery amounted to HK $ 35.29 million dollars, 4.5 million Yuan. This part due to Zhang Xinhua not State bodies by virtue of the staff member's status, was eventually found for non-government officials ' bribery part.


After trial, the Guangzhou intermediate people's Court found that Zhang Xinhua some former Baiyun company executives, chairing the Hirota Corporation after it was established, first by delegating administration gradually made cloud the company's assets, again in partnership with team members by means of nominal debts, undervalued assets, conceal claims, white clouds series of land and real estate company and affiliated companies illegally transferred, plunder control. Justification this is in order to protect them, proper arrangements for employees of State-owned assets, step by step, simply because unlawful control of assets, and the so-called loan debts, court litigation is the way they conceal misappropriation of State assets.


Court hits



Informer: Zhang Xinhua, you die choking


Yesterday morning's verdict, Zhang Xinhua after hearing the result of the imposition of the death penalty in the first instance, he expressed dissatisfaction with the verdict in court, said she was "sin not unto death", it will consider an appeal. The galleries, had reported Zhang Xinhua and the clouds right of any of the company's management for up to 8 years old, Zhang Xinhua specifically called to hear the verdict, said: "Zhang Xinhua, you have today, you die choking. ”


Ren Quan, now 73, Baiyun agriculture affiliated enterprises Baiyun fittings factory of older workers. Zhang Xinhua wantonly scalping white cloud the company's land and buildings, causing clouds parts factory workers ' dormitory of the surrounding land, staff quarters were "surrounded". "Not even a community outlet we, get into the ambulance. "Ren Bo said if not all older workers staying at workers ' dormitory have nowhere to go," ' quarters were sold, I'm afraid. "


Apart from Zhang Xinhua, yesterday morning, white clouds series of agriculture in the case of management Member Zhang Guochun, Qiu Yixuan, Luo Hanzhong, aerospace, Zhang Fulai Chen, Huang Yindi, Zhang Guixin, Shi Zhiwen, who was sentenced in the case were also involved.


Asked Zhang Xinhua a series corruption case to rest, when satisfied with the result of the judicial authorities, Ren Quan said Zhang Xinhua, who is dealing with informants, clouds commerce company corruption in State-owned enterprises and a symptom of the massive misappropriation of State assets.


"Just by virtue of their managers of several State-owned enterprises, will be able to complete such a large transfer of State assets? "Older workers, such as the right to any view, Zhang Xinhua on a series of corruption cases at the same time expose the State-owned assets regulatory and fraud litigation and other means may lie behind the issue of corruption of public officials, are not identified.


  Related news



Xian village 7 village Woan Supreme official sentenced to 4 years


In July, the village leadership team 7 members on xianzhangming of Sheng, Lu Youxing, who was accused of crime of corruption and bribery at the Guangzhou intermediate people's Court trial. Yesterday after a trial in the case, due to the identity of xianzhangming, Lu Youxing, who does not apply, also constitute the crime of corruption and bribery. Tribunal only by non-State agents taking bribes for 7 people were sentenced to prison terms of 4 years.


Prosecutors alleged, from 2000 to 2011 for more than 10 years of time, using his easy access to the leading group in xianzhangming village, with the village Committee cadre, to excess release prize awards, embezzle public property belonging to the collective together reached more than 7.248 million Yuan. Among them, the xianzhangming have more than 770,000 yuan, several village officials also have hundreds of thousands of remaining income. Prosecutors believe, xianzhangming and other people's behavior constituted the crime of corruption.


In addition, prosecutors have said over the years, xianzhangming and 7 other members of the former leadership of the village, in the management and operation of State-owned land, cooperation in the establishment or development of selected developers, as well as village collectives in the leasing of property, provides help for the number of real estate developers, property management companies, rental property at a low price, and collectively taking hefty bribes from the developers, a total of more than 2 million Yuan. Xianzhangming alleged bribes more than 230,000 Yuan RMB, HKD more than 130,000 yuan, gift cards worth more than 7,000 yuan, and so on.


Guangzhou intermediate people's Court of first instance found that the xianzhangming national staff and others not in the legal sense, it does not have the capacity as the subject of crime of corruption and bribery cases, another part of appropriating collective property, not state-owned assets, the existing evidence is not proof that they have the subjective intention of the illegal possession of collective property, so that part of the bonus payments were legitimate and proper, corruption is not true. Xianzhangming, who received the developers wouldn't part constituted non-State bribery. Therefore, the decision was made.


Three counts



Bribery, embezzlement,



Non-State bribery



Case totalling nearly 400 million dollars


The bribes


+ 56.8 million Yuan $ 7.3 million


Embezzling State-owned assets


More than 280 million Yuan


In return for "bribe"


More than HK $ 35.29 million + 4.5 million Yuan


In connection with the time


15


June 1998-May 2013


Major crime



Loan restructuring "local tyrants"


June 1998-May 2013, in the Baiyun company and its affiliated companies in the transfer of State-owned land and cooperative development of real estate projects, provides help for the related entities and individuals, accepted bribes totaling 5 6 8 0 million and HK $ 7.3 million.


Who set up a company


After 2003, secretly setting up wide-field companies, field the rain, through methods like bogus debt, undervalued assets, proactive litigation devour the Baiyun company and its subsidiaries ' real estate, land, 2. more than 800 million Yuan.


Your "bribe"


2010-2011, using control Hirota, rain field duties, Jiangmen, a company the Hirota company claims and related plots help, in return for "bribe" over HK $ 35.29 million and 4.5 million Yuan.


Money laundering methods



Hong Kong money laundering


Set up a new company in Hong Kong, by his nephew and driver on behalf of its holdings, after passing through underground banks laundered, would remit the portion of the stolen money into overseas accounts of his ex-wife and daughter, and remaining Hirota money lending or investment companies charge very high returns.


A redirection


Set up a several associated companies, injected or lend money for investment and development.


Links



Part of sentence case



Lu Youxing has been sentenced to 4 years


Original title: Xian village industrial limited Deputy Secretary of the party branch


Charges: non-State bribery (Xian Cun Woan representative)


Cheng Qiao Jia jailed 11


Original title: Guangzhou fuel Group Chairman


Charges: accepting bribes


Lin Fu Quan life imprisonment


Original post: China water and hydropower development corporation Deputy General Manager


Crime: the crime of embezzlement and bribery


Liang Chunhuo has been sentenced to 8 years


Original title: a Chinese communication company Guangzhou Branch Party Secretary


Charges: accepting bribes


Liu Yangbo has been sentenced to 6 years


Original title: zengcheng, Director of the Standing Committee of the municipal party Committee, municipal office


Charges: accepting bribes


As of mid-November, Guangzhou two-tier crime before the court case has more than 500 pieces


The number of


Involving more than more than 730 of the accused


Type


Corruption and bribery crimes by more than 80%


Abuse of authority, dereliction of duty crimes, such as an increase in the number of bending one increase in cases involving multiple charges


Identity


State personnel accounted for 40%


State employees account for about 30%


Members of institutions accounting for about 10%


Village Board members about 10%


Members of the economic and social accounting for about 10%


Age


4 0-6 0 remained a high risk age, but also the $literal.


Case amount


The majority in the 100,000-1 million, 1 million-5 million Yuan, 10 million more than the number of cases increased. As Zhang Xinhua case, prosecutors charged the sum of money involved 3.800 million Yuan.


Industry


Fields of construction, land acquisition and relocation, government procurement is a traditional national staff of commercial bribery crime-prone high-risk industries, started in recent years involving telecommunications, health, education and other sectors.


Features


① primary "petty official" manufactured "grand corruption".


② Fossa, conspiracy case.


The same unit or Woan, conspiracy case have occurred on the same system, collusion, inside and outside the Union.


③ family and mistress of corruption together.


Duties of corruption common to families of mistresses, widespread corruption.


④ anti-detection abilities are strong.


Renovation of crime, enhanced concealment.


⑤-from fast track approach to long-term development.


Direct money transactions to the term "emotional investment" development, and establish a stable relationship.


⑥ post crime more often, lasts long.


Over 5 years of its caseload, even more than 10 years.


Sadly, "legitimate" power-for-money deals.


Perpetrator charged in the name of holidays, illness, hospitalization, funerals and other gifts or buy houses at prices significantly lower than a disguised bribe.


Analysis of Guangzhou intermediate people's Court criminal trial second Court President crime new features


Individual officials of corruption common to families of mistresses, widespread corruption


Guangzhou in the homes criminal trial second Chamber President Zheng Yunzhan yesterday analysis in recent years Guangzhou trial of positions crime case new trend and features: involved amount increases, frequently Shang do Yuan; same units or same system Wo case, and series case occur from time to, criminals hold with "with sat a article ship" of mentality upper and lower collusion corruption; positions crime from officials personal corruption to lover corruption, and family common corruption spread,.


Crime rose significantly


Zheng Yunzhan introduction, Guangzhou intermediate people's Court on this initiative to inform community sentencing, the purpose is to put the city's courts to perform their judicial duties, strictly punish crimes of determination, strength and effectiveness of the public, social and public scrutiny. Want advertised with public, media power for some typical cases, serve as an effective warning education.


This focus on sentencing is certain typical cases of job-related crimes, to represent the characteristics of certain types of cases. For example, both government officials and members of the State Executive, grass-roots village organizations as well as corruption and bribery, abuse of power and other. "There should be warning education meaning, such as Lin Fu Quan, Zhang Xinhua case of death sentences, of embezzlement flush sentence. "Zheng Yunzhan said, choose released in these cases is to let corrupt elements to understand, regardless of the official little, no matter how much money with less money," reach will be caught. "


Zheng Yunzhan introduction, Guangzhou Court crime the most obvious change is the growth in caseload. This year, for example, the city court in December sentenced cases have more than 50 pieces. As of mid-November, two levels of duty crime case before the Court this year has more than 500 pieces.


Pit and look up a string of cases in which a pit


Zheng Yunzhan introduction, Guangzhou intermediate people's Court in addition to outside the trial of second instance cases, large amount of crime mainly acceptance of first-instance cases, or high position, or cases that have major impact in the region, also designated jurisdiction over part of cases heard. Overall, the Guangzhou intermediate people's Court heard the case more interesting. In some cases against large and broad in impact. Because the subject of the original post level is relatively high, City Deputy Bureau Chief and Department level cadres involved have occurred; some because of adverse consequences, such as Xian village collective corruption case, not only caused great damage to the interests of the masses, but also many other negative effects; some countries resulted in significant losses, as Zhang Xinhua and others of corruption, and so on. Furthermore, involving higher and higher, some lower-level, powerful grass-roots officials also produce corruption cases.


In addition, the same unit or Woan, conspiracy case have occurred on the same system. Clouds AIB company to Zhang Xinhua led of Wo case, washing village 7 name village officer, and conghua Liang Kou Zhen high village of village officer, case, and zhiqian Guangzhou Civil Affairs Bureau Li Zhizhen, people series case, and Guangdong Province salt company Shen Zhiqiang, people series case, and wide issued bribery Wo case, as, criminals hold with "mean" or "with sat a article ship" of mentality upper and lower collusion, and both inside and outside joint, and common planning modus operandi, investigation a case with out a series, and a Wo phenomenon compared more see.


Official lovers or family members in connection with the increased


In judicial practice, the common State commercial bribery refers to national staff functions for operators to ask for or accept bribes for commercial gain. Guangzhou intermediate people's Court trial found that, in recent years, increasing trend in the proportion of national staff involved in commercial bribery crime involved range from centralized to decentralized development and spread. From 2009 to 2014, the Guangzhou intermediate people's Court accepted the national staff of commercial bribery crime caseload of about 70%. National staff of commercial bribery mainly focuses on economic management, administrative law-enforcement departments often have a contact link in administration and marketing. The sentencing cases, cases related to urban management, tax, civil and environmental authorities, and even mechanical and electrical company.


Zheng Yunzhan said, many duties associated with corruption and corruption of the family, from the individual to the family spread, including: a mistress on corruption. Mistress terms active use of national staff, and or national staff to maintain the relationship with the mistress and corruption, or of using his power for mistress business activities for profit, on the face of it there is no direct bribes, real power kept mistresses; second, families of common corruption. Family family card, instigates or joint use of national staff posts to facilitate or directly influence trading power for money; the guise family members become corrupt. Many people are dependants of staff members from the State, and to take this approach and waiting to profit. State officials will take their children to school, marriage, parents, relatives and hospital and cover for taking bribes.


A 04-06 interview: Southern Metropolis reporter Wu Sunlin's Ma Weifeng Taiwan's President Peng Yong Wai Hung Law


The Southern Metropolis daily


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